NCJ Number
12954
Journal
New York State Bar Journal Volume: 45 Issue: 8 Dated: (DECEMBER 1973) Pages: 561 -565
Date Published
1973
Length
5 pages
Annotation
REVIEW OF EXPERIENCES UNDER THREE WAYS OF DEFINING CRIMES FOR COMPENSATION PLANS - GENERIC DEFINITION, LIST OF CRIMES IN PLAN, AND LIST OF CRIMES FROM THE PENAL CODE.
Abstract
THE AUTHOR DESCRIBES THE SEVERAL METHODS OF DEFINING CRIMINAL CONDUCT FROM WHICH A COMPENSABLE INJURY MAY RESULT, AND REVIEWS THE EXPERIENCES OF VARIOUS JURISDICTIONS. GREAT BRITAIN, FOR INSTANCE, USES A GENERIC DEFINITION OF CRIME, WHILE HAWAII LISTS COMPENSABLE CRIMES IN ITS PLAN. NEW YORK USES A GENERIC DEFINITION, AND MARYLAND ADOPTS AS COMPENSABLE THOSE CRIMINAL OFFENSES LISTED IN ITS PENAL CODE. THE STUDY CONCLUDES THAT IN PRACTICE, ANY ONE OF THE THREE WOULD ADEQUATELY COVER THE CRIMES UNDER WHICH COMPENSATION HAS BEEN CLAIMED. DEATH CLAIMS, STABBING CLAIMS, AND ASSAULTS ACCOUNT FOR PRACTICALLY ALL CLAIMS FILED. THE ESOTERIC CASE THAT IS DEBATED WHEN PLANS ARE ESTABLISHED IS RARELY ENCOUNTERED.